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PRIVACY POLICY Definitions THE DEFINITIONS WHICH FOLLOW ARE MEANT ONLY FOR CONVENIENCE FOR THIS PRIVACY POLICY. OTHER DEFINITIONS MAY BE CONTAINED WITHIN OTHER APPLICABLE LEGAL AGREEMENTS LOCATED ON THE WEBSITE(S) INCLUDING ANY LICENSE THAT MAY APPLY TO SPECIFIC PRODUCTS, REPORTS, OR SOFTWARE, ANY AFFILIATE OR INDEPENDENT LICENSEE/PARTNER AGREEMENT, ANY DISCLAIMER, AND ANY TERMS AND CONDITIONS (OF USE), OF THE SITES ALL OF WHICH ARE HEREBY INCORPORATED BY REFERENCE AS IF THEY WERE FULLY SET FORTH HEREIN. THIS PRIVACY POLICY AND THE LEGAL DOCUMENTS LOCATED ON THE WEBSITE(S) ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU ARE DIRECTED TO REGULARLY CHECK THE WEBSITE(S) FOR THE MOST CURRENT VERSION OF THESE DOCUMENTS AND YOU ARE RESPONSIBLE FOR CONFORMING YOUR ACTIONS TO THE MOST CURRENT VERSION OF THESE DOCUMENTS. "We", "Us", and "Our"
refers to Joe e. Clayton, Jr., and their indidivudal companies, Creative
Software, Free Software Forever, and The Abundance Group, LLC. The term
also refers to the authors, publishers, and programmers of any eBooks,
Reports, and/or Software contained on the WizardOfOgg website(s) and
the MP3IsNotFree website(s) as well as to the Independent Licensee/Operators
of any website(s) from which these eBooks, Reports, and/or Software
may be sold. The terms "We" refers to each of these individually
as well as collectively. "The Website(s)" refers to the WizardOfOgg
website(s), the MP3IsNotFree website(s), the IBSoftShop website(s),
the AbundantAudio website(s), as well as to the website(s) of any Independent
Licensee(s)/Operator(s) through which the applicable eBooks, Reports,
and/or Software are available, as well as to the specific content, information,
suggestions, ideas, or techniques provided on The Website(s). "The Materials" refers to any eBooks,
Reports, Software, or other information, content, suggestions, ideas,
or techniques, from or through The Website(s). "You" refers to any person or entity using The Websites, any Independent Licensee/Operator, any Purchaser. Licensee, Affiliate, or other individual or entity who has any interest in or who is currently using, licensing, purchasing, joining, participating in, responding to, following, or adhering to any program, strategy, or information owned, operated, licensed, provided, and/or offered by those indivudals and entities described as "We", "Us", and "Our" on any of The Website(s), or contained
in any eBooks, Reports, or Software, provided through the websites mentioned
above. "The Information" refers to the content
of the website(s), as well as the content of the eBooks, Rreports, Software,
or newsletters published by Us on or through the website(s) or in any
eBooks, Reports, or Software provided through the website(s), that suggests,
states, implies, or discusses, in any way, the earning of commissions,
monies, or credits through any means or strategies. We own and/or operate websites, an Independent Licensee/Operator Program, and an exclusive (by invitation only) Affiliate Program through The Websites. and also publishes various eBooks (hereinafter collectively referred to as the "Sites"). "You" refers to the person using The Websites, The Materials, and/or The Information. We strive to offer You the many advantages of Internet technology and to provide an interactive and personalized experience. We may use "Personally Identifiable Information" (name, e-mail address, street address, telephone number, IP address, financial information, social security number and/or other form of tax identification number, and other information) subject to the terms of this Privacy Policy. We will never sell, barter, or rent your email address to any unauthorized third party. We employ specific security measures when storing, retrieving, or accessing any form of financial information and/or (from Independent Licensees/Operators and/or exclusive Affiliates) social security numbers and/or other form of tax identification numbers. How We Gather Information From Users In certain instances, you can choose not to provide us with information, but, if you do, you may be unable to access certain portions of the site and might not be able to download certain eBooks, Reports, Software, and/or other Products, or we may not be able to customize the site's features according to your preferences, or you may not be able to become a Participant in some or all of the programs offered at The Websites. Furthermore, in some instances (as detailed in the Terms and Conditions as well as in the paragraph below entitled "Taxpayer Identification Number") if you fail to provide us with information we request, you may be ineligible to participate in some or all of the programs and/or services offered through The Websites. What We Do With the Information We Collect Like other web services, we collect general information to formulate lists of topics, categories of interest and/or use, and your implied specific areas of interest. This may be used to enhance your visit, deliver more individualized content, to affect our accounting methodology, to secure our database(s), to protect Us from illicit usage of The Websites, or to enable or disable certain products, services or programs for use by You. We respect your privacy and do not share your information with anyone outside of Our organizations (see definition of "We", "Our", and "Us", above) and any subsidiaries We may have. Additionally, real time transmission of the information may occur to affect, enable, or enhance other programs and services. Aggregate Information (information that does not personally identify You) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance The Websites and the services offered therein (e.g., to learn which pages are visited most or what features are most attractive). Aggregate Information may occasionally be shared with Our subsidiaries, Our advertisers, Our business partners, or the general public. Again, this information does not include any Personally Identifiable Information about You or that would allow anyone to identify You individually. Additionally, periodic transmission of the aggregate information may occur to affect, enable, or enhance other products, programs and services that We may offer. We may use Personally Identifiable Information collected by and/or retained on The Websites or through any of Our Independent Licensees/Operators websites, or through any of Our Affiliates' links, to communicate with You about your purchases, registration and customization preferences; our Terms and Conditions (aka License/Terms and Conditions (of Use)/Terms of Service), this Privacy Policy, or any other legal documents contained on The Websites or any other legal documents which pertain to your participation; services and products offered, now or in the future, by Us, or any other topics we think you might find of interest. Any such communication may be in the form of email or by telephone or any other means suitable to the type of communication, including any new information delivery technologies that might become available. Personally Identifiable Information collected by and/or retained on or through The Websites or through any of our Independent Licensee/Operator's sites, or through any of Our Affiliates' links, may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with You. Certain third parties who provide technical support for the operation of The Websites (our Web hosting service or server rental company, for example), in general, may have indirect access to such information. We will use your information only as permitted by law. In addition, from time to time, as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, Your personally identiviable information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to, or after, disclosure in such cases. Occasionally We are approached by companies and professional associations seeking to inform our Users, Partners, Independent Licensees/Operators, Licensees, Purchasers, and/or Affiliates, about products or services that may be of interest to them. We review these requests and when, in our judgment, we think the information would be of benefit to You, we may cooperate in getting You this information. We view receiving such information as a benefit for those who are seeking new tools to help them run their online business. In such cases, we would provide you with this information directly, rather than provide your Personally Identifiable Information to the outside companies and professional associations. We may initiate the communication of any information or advertising for Our direct or indirect financial gain and it is done so without any compensation due to You or any other recipient of the information. Financial Information We may use third party merchant payment verification and processing companies to obtain payment and approvals and to bill You for The Materials, the Information, and/or other Products or Services. We do not have complete control over the actions or intentions of the third party payment processors or how they use the information that you may provide during a payment transaction and therefore have no responsibility for their use of the data specific to the transaction. These payment processors, and/or your own financial institution may, in some circumstances, make secondary use of your personal information and purchasing history; it is your responsibility to contact the payment processors and/or your financial institution for information regarding their specific usage of the information conveyed during transactions. On most purchases and transactions through or from The Websites, We will normally collect and record merchant/payment processing information. Much of the determination on what information is collected and/or archived before, during, and/or after a purchase transaction, is based on the provisions and/or limitations of the payment processor systems that are implemented on each of The Websites, and this may vary from site to site. Purchases will normally be done via third party merchant transaction or other payment providers and such information during the post sale transaction of data and the data communication between their computer(s) and our computer(s) may or may not not be encrypted or protected with SSL or any other form of encryption software, in some cases. The actual account access credentials information is not supplied to Us, but is available only for purposes of processing and completing the purchase transaction. The account and/or credentialization information is only disclosed to specific third parties as necessary to complete the purchase transaction, or during the process of financing the transaction. Additionally, notifications delivered in the form of email to Us will be delivered unencrypted and clearly readable in standard character sets defined by or within the geography of delivery or by or within the receiving computers configuration. During the entire process of placing and paying for an order, there may be several steps in the process where data is transmitted unencrypted and this is variable between Users partly based on the configuration of web browser technology or by any other means they access The Websites, or by the payment method and/or payment or merchant transaction processor chosen or available at the time of purchase, or by any third party provider used by the merchant transaction or associated payment processor, all of which is beyond Our control. Your payment processor ids, payment processor transaction identifiers, dates and times of transactions, contractual obligations or details specific to the transactions, checksums, electronic forms of signature, and any other useful information for identifying or explaining or replicating the transaction may be stored temporarily or permanently on The Websites. Requesting Your Personally Identifiable Information and/or
Financial Information Affiliated Sites, Linked Sites and Advertisements We expect Our Independent Licensees/Operators, partners, associates, advertisers, and/or Affiliates to respect Your privacy. Be aware, however, that third parties (including, but not limited to, Our Independent Licensees/Operators, partners, associates, advertisers, and/or Affiliates to respect, Ou affiliated companies, personnel, consultants, and advisors, other content providers, or other advertising services) (collectively referred to as "Promotional Partners") whose websites may be accessible through The Websites, may have their own privacy and data collection policies and practices. For example, during your visit to The Websites, or websites that The Websites link to, you may link to or view, certain content that is actually owned, created, hosted by a third party, or hosted or advertised by another service, or websites far removed from and unrelated to the Websites. Also, through The Websites, The Materials, or The Information, you may intentionally or unintentionally be introduced to, or be able to access, information, other websites, programs, products, services, features, contests or sweepstakes offered by other parties. We are not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of each of those third parties when providing information on any page operated by a third party. While on The Websites, our Promotional Partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Other features available on The Websites may offer services operated by third parties and may use cookies or other technology to gather information. We do not control the use of this technology by third parties or the resulting information, and are not responsible for any actions or policies of such third parties. You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas which may be accessible through The Websites, The Materials, or The Information, that information may be viewed publicly and may be collected and used by third parties without Our knowledge and this may result in unsolicited messages from other individuals or third parties. Such activities are beyond the Our control and this Policy. Taxpayer Identification Number (Independent Licensees/Operators
and Affiliates Only) Individuals or entities who register as Affiliates or purchase Independent Licensee/Operator licenses (hereinafter "Payees") AND who are due any monies from their participation in the Our Affiliate Program, must provide their Taxpayer Identification Number (either their social security number or employer identification number if a United States citizen or resident, or other form of identification provided by their country of origin or residence) to Us. We cannot make any payments to said Payee until the Payee submits their appropriate Taxpayer Identification Number and supporting Identification to Us (as required by the Affiliate Agreement of The Websites). Furthermore, We may not pay any monies to any United States resident or citizen that would cause such Payee's cumulative earnings to meet or exceed $600 during a calendar year, until that Payee submits an original, signed copy of IRS form W-9 as per instructions contained in The Websites' Terms and Conditions and/or Affiliate Agreement. We are required to collect this information from each Payee in order to report each Payee's earnings to the U.S. Internal Revenue Service, (and/or to the taxing authorities of any nation, state, or political subdivision whose laws or regulations we are obligated to respect), and to issue IRS form 1099-MISC to the Payee and to the IRS. (To read more about the IRS Regulations that govern our operation, click here.) If you are neither a citizen nor a resident of the United States, You do not need to provide a U.S. taxpayer identification number, but in this case we are required to withhold a portion of any monies that may be due to You and remit them to the IRS. (You are still required to provide us with Personal Identification as required in The Websites' Independent Licensee/Operator Agreement, Terms and Conditions, and/or Affiliate Agreement.) For more information on withholdings for foreign persons or entities, click here. (You must apply to the IRS for a refund of this money if you do not owe any United States income taxes or are not subject to any laws pertaining to United States income taxes.) You should not be asked for (and You should never provide) your taxpayer identification number, unless You are applying for a Program that entitles you to earn monies. Children
User Emails or Testimonials If you are an Independent Licensees/Operators, customer/licensee, partner, associate, and/or Affiliates and send an email to The Websites, to Us, or if you communicate with Us by phone or mail or other means, the party you are communicating with collects information about your communication. By communicating with any of them, you give your permission to collect, archive, retrieve, and otherwise use any information collected as We see fit. Any communication by You to Us which, in our sole discretion, we deem to be a testimonial, may be publicized for commercial purposes. Legal Disclaimer We use reasonable precautions to keep the information disclosed to Us secure. We will use your information only as permitted by law. Though we make every effort to preserve user privacy, we may need to disclose Personal Identifiable Information when required by law wherein we have a good-faith belief that such action is necessary to: 1) Conform to the edicts of the law or to comply with a current judicial proceeding, a court order, or legal process served on Us; 2) Protect and defend the rights or property of The Websites, The Materials, The Information, or visitors to The Websites; 3) Identify persons who may be violating the law, any legal notice, or the rights of third parties (including those violating the License/Terms and Conditions of The Websites, The Materials, or The Information); 4) Cooperate with the investigations of purported unlawful activities; In addition, from time to time as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to, or after, disclosure in such cases. We do not endorse, nor are We responsible for the accuracy of the privacy policies and/or terms and conditions and/or terms of use/service of each or any of Our advertisers or other Promotional Partners. The entities which advertise and/or place ads within or on The Websites, are independent third parties and are not affiliated with either Us (except, in the case of those sites identified as being an Independent Licensee/Operator, Partner, Affiliate, or Reseller, which sites are Independent Contractors and are neither owned nor operated by Us, unless otherwise stated on such site). Furthermore, We are not responsible for any breach of security, misuse of information, or for any other actions of any third parties that may receive the information. Contacting Us We can be reached by contacting: Joe e. Clayton, Jr. Changes to This Policy We reserve the right to change this policy at any time. Please check this page and The Websites periodically for changes. Your continued use of The Websites, The Materials, and The Information following the posting of changes to this Privacy Policy will mean You accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected. Your Acceptance of These Terms By agreeing to receive information from Us, by licensing, purchasing, or downloading any of Our eBooks, Reports, Software, Products, and/or Services, or by participating in Our Affiliate Program, you agree to this Privacy Policy. We reserve the right, at our discretion, to change, modify, add, or remove portions of this policy at any time. All Privacy Policy changes will take effect immediately upon their posting on The Websites. Please check this page periodically for changes. Your continued use of The Website or acceptance of any email from Us following the posting of changes to these terms will mean that you accept these changes. Governing Law The laws of the State of Florida, Volusia County, United
States shall apply to any claim or dispute under this Privacy Policy.
You agree that any legal action or proceeding that arises under this
Privacy Policy or the parties' obligations hereunder for any purpose
concerning this Privacy Policy or the parties' obligations hereunder,
will first attempted to be resolved with the help of a mutually agreed-upon
online mediator. Any costs and fees (other than attorney fees) associated
with the mediation will be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory
solution through online mediation, you agree that the dispute will be
submitted to binding arbitration either online or in Volusia County,
State of Florida, United States, under the rules of the American Arbitration
Association. Judgment upon the award rendered by the arbitration may
be entered in any court with jurisdiction to do so. Income/Earnings Disclaimer Definitions THE DEFINITIONS WHICH FOLLOW ARE MEANT ONLY FOR CONVENIENCE. FOR A COMPLETE LIST OF DEFINITIONS, REFERENCE IS MADE TO THE OTHER APPLICABLE LEGAL AGREEMENTS LOCATED ON THE WEBSITE(S) INCLUDING ANY LICENSE THAT MAY APPLY TO SPECIFIC PRODUCTS, REPORTS, OR SOFTWARE, ANY PRIVACY STATEMENT, ANY AFFILIATE OR INDEPENDENT LICENSEE/PARTNER AGREEMENT, ANY DISCLAIMER, AND ANY TERMS AND CONDITIONS (OF USE), OF THE SITES WHICH ARE HEREBY INCORPORATED BY REFERENCE AS IF THEY WERE FULLY SET FORTH HEREIN. THE LEGAL DOCUMENTS LOCATED ON THE WEBSITE(S) ARE SUBJECT TO CHANGE WITHOUT NOTICE, AS MAY THIS INCOME/EARNINGS DISCLAIMER. YOU ARE DIRECTED TO REGULARLY CHECK THE WEBSITE(S) FOR THE MOST CURRENT VERSION OF THESE DOCUMENTS AND YOU ARE RESPONSIBLE FOR CONFORMING YOUR ACTIONS TO THE MOST CURRENT VERSION OF THESE DOCUMENTS. "We", "Us", and "Our" refers to Joe e. Clayton, Jr., and their indidivudal companies, Creative Software, Free Software Forever, and The Abundance Group, LLC. The term also refers to the authors, publishers, and programmers of any eBooks, Reports, and/or Software contained on the WizardOfOgg website(s) and the MP3IsNotFree website(s) as well as to the Independent Licensee/Operators of any website(s) from which these eBooks, Reports, and/or Software may be sold. The terms "We" refers to each of these individually as well as collectively. "The Website(s)" refers to the WizardOfOgg website(s), the MP3IsNotFree website(s), the AbundantAudio website(s), as well as to the website(s) of any Independent Licensee(s)/Operator(s) through which the applicable eBooks, Reports, and/or Software are available, as well as to the specific content, information, suggestions, ideas, or techniques provided on The Website(s). "The Materials" refers to any eBooks, Reports, Software, or other information, content, suggestions, ideas, or techniques, from or through The Website(s). "You" refers to any Member, Purchaser. Licensee, Affiliate, or other individual or entity who has any interest in or who is currently, licensing, purchasing, joining, participating in, responding to, following, or adhering to any program, strategy, or information owned, operated, licensed, provided, and/or offered by those indivudals and entities described as "We", "Us", and "Our" on any of said website(s), or contained in any eBooks, Reports, or Software, provided through the websites mentioned above. "The Information" refers to the content of the website(s), as well as the content of the eBooks, Rreports, Software, or newsletters published by Us on or through the website(s) or in any eBooks, Reports, or Software provided through the website(s), that suggests, states, implies, or discusses, in any way, the earning of commissions, monies, or credits through any means or strategies. Disclaimer We do not make any implications,
warranties, promises, suggestions, or guarantees whatsoever, in any
manner of speaking, in whole or in part, that by purchasing, licensing,
joining, participating in, responding to, following, or adhering to
the information contained in or on The Website(s) or in any of The Materials,
that You will earn any money whatsoever (or whatever the content in
question may appear to imply). There is no assurance or guarantee whatsoever that any prior successes or past results as to earnings or income will apply, nor can any prior successes be used, as an indication of Your future success or results from any of the information, content, or strategies contained in or on The Website(s) or in The Materials. Any and all claims or representations as to income or earnings are not to be considered as "average earnings" but rather, examples of what certain individuals or entities were able to earn as a result of their specific efforts. The testimonials and examples used are exceptional results, don't apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results, or any results whatsoever. Where specific income or earnings figures are used and attributed to a specific individual or business, that individual or business has earned that amount. There is no assurance that You will do as well using the same information, content, or strategies. If You rely on the specific income or earnings figures used, You must accept the risk of not doing as well as well as the risk of earning nothing at all. Your success in using the information or strategies, or participation in any Partner Program, Independent Licensee/Operator Program, or any Affiliate Program that might be available through Us, depends on a variety of factors. We have no way of knowing how well You will do, as we do not know You, Your background, Your work ethic, Your dedication, Your motivation, Your desire, or Your business skills or practices. Therefore, We do not guarantee or imply that You will get rich, that You will do as well, or that You will have any earnings, at all. Internet businesses and earnings derived therefrom, involve unknown risks and are not suitable for everyone. You may not rely on any information, content, or strategies presented on the website(s) or any information, content or strategies presented in the applicable eBooks, Reports and/or Software, unless You do so with the knowledge and understanding that You can experience significant losses (including, but not limited to, the loss of any monies paid to license any of The Materials, or any webiste(s) whatsoever, and/or any monies spent setting up, operating, and/or marketing such website(s) and/or The Materials, and/or any fees required by law or by merchants to license, start, set up, or operate such website(s) or autoresponder(s) from which you distribute any licensed copy of The Materials, and/or any other monies expended at all with regard to such website(s) and/or The Materials, and/or any monies spent for any purpose whatsoever in relation to, or on account of, The Materials, and/or any such website(s), and further, that You may have no earnings at all. MATERIALS CONTAINED ON THE WEBSITE(S) OR IN THE MATERIALS MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS "ANTICIPATE," "ESTIMATE," "EXPECT," "PROJECT," "INTEND," "PLAN," "BELIEVE," AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE. ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON THE WEBSITE(S), OR IN THE MATERIALS, ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS, OUR ESTIMATES, OR THE RESULTS OF ANYBODY ELSE. IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE INFORMATION, CONTENT, SUGGESTIONS, IDEAS AND/OR TECHNIQUES AVAILABLE ON THE WEBSITE(S) OR IN THE MATERIALS. You are advised to do Your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals, including but not limited to attorneys, accounts, and/or other business manqagers and/or consultants before acting on the information, content, suggestions, ideas, and/or techniques found on The Website(s) and or in The Materials. You may not consider any examples, documents, or other content on The Website(s) or in The Materials to be the equivalent of, or a replacement for, legal advice, accounting advice, business advise, or any other advice that may only be provided by qualified and licensed professionals. Nothing contained on The Website(s) or in The Materials is intended to provide legal advice or services in any way and is provided only for informational purposes. You should consult with Your own attorney on any legal questions You may have. We assume no responsibility whatsoever for any losses or damages resulting from Your use of The Website(s), The Materials, or any link, information, or opportunity contained within The Website(s) or The Materials, or within any other information disclosed Us in any form whatsoever. The laws of the State of Florida, Volusia County, United States shall apply to any claim or dispute under this Disclaimer. You agree that any legal action or proceeding that arises under this Disclaimer or the parties' obligations hereunder for any purpose concerning this Disclaimer or the parties' obligations hereunder, will first attempted to be resolved with the help of a mutually agreed-upon online mediator. Any costs and fees (other than attorney fees) associated with the mediation will be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through online mediation, you agree that the dispute will be submitted to binding arbitration either online or in Volusia County, State of Florida, United States, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. In no case shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal. Any cause of action or claim you may have with respect to this Disclaimer, The Website(s), or The Materials must be commenced within ninety (90) days after the claim or cause of action arises or such claim or cause of action is barred. Any failure to insist upon or enforce strict performance of any provision of this Disclaimer shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Disclaimer. Any of Us may assign Our individual and/or collective rights and duties under this Disclaimer to any party at any time without notice to you. Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly. Please note that We may change the content of The Website(s), The Materials, and this Income/Earnings Disclaimer (and the agreement this creates) without prior notice given to you simply by posting a revised copy of this Disclaimer on The Website(s). You are directed to The Website(s) to obtain the most current version of this document. This Disclaimer represents the ENTIRE agreement between Us and You regarding all the matters that have been discussed herein.
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